83-174.01. Dangerous sex offender; terms, defined.

272 words·~1 min read·/ne/chapter-83/83-174-01

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

For purposes of sections 83-174 to 83-174.05 :

(1)Dangerous sex offender means

(a)a person who suffers from a mental illness which makes the person likely to engage in repeat acts of sexual violence, who has been convicted of one or more sex offenses, and who is substantially unable to control his or her criminal behavior or

(b)a person with a personality disorder which makes the person likely to engage in repeat acts of sexual violence, who has been convicted of two or more sex offenses, and who is substantially unable to control his or her criminal behavior;

(2)Likely to engage in repeat acts of sexual violence means the person's propensity to commit sex offenses resulting in serious harm to others is of such a degree as to pose a menace to the health and safety of the public;

(3)Person who suffers from a mental illness means an individual who has a mental illness as defined in section 71-907 ;

(4)Person with a personality disorder means an individual diagnosed with a personality disorder;

(5)Sex offense means any of the offenses listed in section 29-4003 for which registration as a sex offender is required; and

(6)Substantially unable to control his or her criminal behavior means having serious difficulty in controlling or resisting the desire or urge to commit sex offenses.

This section is not unconstitutionally vague. In re Interest of A.M., 281 Neb. 482, 797 N.W.2d 233 (2011).

A prerequisite of the Sex Offender Commitment Act is a criminal conviction for a sex offense. In re Interest of J.R., 277 Neb. 362, 762 N.W.2d 305 (2009).